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Full-Text Articles in Sexuality and the Law

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins Jan 1998

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

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State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue Jan 1998

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

Faculty Publications By Year

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …

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Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman Jan 1998

Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman

Washington and Lee Law Review

No abstract provided.

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Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West Jan 1998

Universalism, Liberal Theory, And The Problem Of Gay Marriage, Robin West

Georgetown Law Faculty Publications and Other Works

Liberalism, both contemporary and classical, rests at heart on a theory of human nature, and at the center of that theory lies one core commitment: all human beings, qua human beings, are essentially rational. There are two equally important implications. The first we might call the "universalist" assumption: all human beings, not just some, are rational -- not just white people, men, freemen, property owners, aristocrats, or citizens, but all of us. In this central, defining respect, then, we are all the same: we all share in this universal, natural, human trait. The second implication, we might call the "individualist" …

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Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives Jan 1998

Ex Post Facto Laws, Supreme Court, Dutchess County: Doe V. Division Of Probation And Correction Alternatives

Touro Law Review

No abstract provided.

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Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers Jan 1998

Lesbian Divorce: A Commentary On The Legal Issues, David L. Chambers

Articles

Lesbian couples who break up will find themselves in an awkward position under the law for two separable but related reasons. The first is that, because they were unmarried, they are subjected by the law to much the same uneven and ambivalent treatment to which unmarried heterosexual couples are subjected. The second, of course, is that they are gay or lesbian and thus regarded with special disfavor even in some states that have become more tolerant of unmarried heterosexual relationships. As a law teacher who is gay and who writes about family law issues relating to gay men and lesbians, …

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The Erotic Of Torts, Carol Sanger Jan 1998

The Erotic Of Torts, Carol Sanger

Faculty Scholarship

"What kind of feminist would be accused of sexual harassment?" asks Jane Gallop (p. 1). Gallop quickly provides her own challenging answer: "the sort of feminist ... that ... do[es] not respect the line between the intellectual and the sexual" (p. 12). Gallop is firm and unrepentant about not respecting this line: "I sexualize the atmosphere in which I work. When sexual harassment is defined as the introduction of sex into professional relations, it becomes quite possible to be both a feminist and a sexual harasser" (p. 11). Figuring out what this means – and what its implications are for …

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Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara Jan 1998

Sexual Discrimination And Sexual Misconduct: Applying New York's Gender-Specific Sexual Misconduct Law To Consenting Minors, Douglas Mcnamara

Touro Law Review

No abstract provided.

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Putting Sex To Work, Katherine M. Franke Jan 1998

Putting Sex To Work, Katherine M. Franke

Faculty Scholarship

When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …

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Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick Jan 1998

Who's Responsible? Employer Liability For Supervisors' Hostile-Environment Sexual Harassment: An Analysis Of Faragher V. City Of Boca Raton, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Faragher v. City of Boca Raton, 524 U.S. 775 (1998). The author expected the Court to address the issue of under what circumstances an employer is liabile under title VII of the Civil Rights Act of 1964 for a supervisor's sexual harassement that creates a hostile work environment.

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Treating Sexual Harassment With Respect, Anita Bernstein Dec 1997

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss Sep 1997

Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss

West Virginia Law Review

No abstract provided.

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Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer Sep 1997

Doma As A Defensible Exercise Of Congressional Power Under The Full-Faith-And-Credit Clause, Timothy Joseph Keefer

Washington and Lee Law Review

No abstract provided.

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Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall Sep 1997

Coming Out In West Virginia: Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Jeffery L. Hall

West Virginia Law Review

No abstract provided.

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Sexual Misconduct And Personnel Management, Ibpp Editor Aug 1997

Sexual Misconduct And Personnel Management, Ibpp Editor

International Bulletin of Political Psychology

This paper describes how organizations might best understand and employ the concept of sexual misconduct.

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Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry Jul 1997

Choosing Substantive Justice: A Discussion Of Choice, Rights And The New Reproductive Technologies, April L. Cherry

Law Faculty Articles and Essays

This paper is an expanded version of the speech that Professor Cherry presented at the National Women Law Students' Association Conference, entitled Consensus and the Community: Diversifying Our Points of View, at the University of Wisconsin Law School on March l, 1996. For Professor Cherry's complete article on this topic, see 10 Wis. Women's L.J. 161 A Feminist Understanding of Sex-Selective Abortion: Solely a Matter of Choice

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The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin Jul 1997

The Perils Of Poverty: Prostitutes' Rights, Police Misconduct, And Poverty Law, Ray Kuszelewski, Dianne L. Martin

Osgoode Hall Law Journal

This article is divided in two parts. In Part I, Ray Kuszelewski details the history of setbacks in representing street prostitutes faced by community-based initiatives at Parkdale Community Legal Services (PCLS). It is a personal, anecdotal, account of the clinic's evolutionary role in tackling the perils of poverty for street prostitutes. In Part II, Dianne Martin complements the first section by addressing the specific problem of police misconduct. The commentary is historical and theoretical in examining prior efforts at reform and argues for the development of a new, collaborative approach. The context is local and particularized in a community legal …

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A Straight Word On Sex For The United States Armed Forces, Ibpp Editor Jun 1997

A Straight Word On Sex For The United States Armed Forces, Ibpp Editor

International Bulletin of Political Psychology

This article presents aspects of a policy on sexuality that will support "good order and discipline," "character," and other hypothetical constructs allegedly associated with a military's contribution to the security of its sponsors. (For a related article see "Sex as a Military Weapon" in IBPP Vol. 1, No. 14, February 28,1997.)

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Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price May 1997

Bottoms Iii: Visitation Restrictions And Sexual Orientation, Joseph R. Price

William & Mary Bill of Rights Journal

In 1994, national media attention focused on the Virginia case Bottoms v. Bottoms, in which Kay Bottoms successfully fought to terminate her lesbian daughter Sharon's custody of Sharon's son, Tyler. Although the Court of Appeals of Virginia reversed the trial court's award of custody to Kay Bottoms, the Supreme Court of Virginia reversed the appellate court and returned custody to Tyler's grandmother. Sharon then sought modification of the visitation and custody order, but the trial court denied her petition and instead reduced and further restricted her visitation rights. In Bottoms III, the Court of Appeals of Virginia reversed the trial …

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The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen May 1997

The "Defense Of Marriage Act" And Authoritarian Morality, Alec Walen

William & Mary Bill of Rights Journal

The "Defense of Marriage Act" has defined marriage at the federal level for the purpose of denying recognition to same-sex marriages. It thereby perpetuates the unequal treatment of homosexuals, and does so by denying them a fundamental right-the right to marry. In this Essay, Dr. Walen examines the wide range of justifications offered in Congress for this law. Six categories of argument are assessed: (1) politics and economics, (2) history and tradition, (3) religion, (4) the essential nature of marriage and the family, (5) social.decay, and (6) morality. Walen concludes that none of the justifications prove to be adequate to …

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Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald May 1997

Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald

BYU Law Review

No abstract provided.

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A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane Apr 1997

A Rose By Any Other Name: Marriage And The Danish Registered Partnership Act, Craig A. Sloane

Cardozo Journal of International and Comparative Law

The article argues that the Danish Registered Partnership Act of 1989, while a significant step toward equality, falls short of true parity with marriage due to discriminatory exceptions such as the prohibition of adoption and church weddings. The author contends that these exclusions stem from societal prejudice and that same-sex unions should be fully incorporated into the legal framework of marriage to achieve genuine equality.

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The Economics Of Home Production, Joni P. Hersch Apr 1997

The Economics Of Home Production, Joni P. Hersch

Vanderbilt Law School Faculty Publications

The composition of the labor force has changed dramatically since 1960. In 1960, only one-third of the labor force participants were female. However, since the 1960s, the labor force rates of men have declined, from 83.3% to 75% as of 1995, while the participation rate for women has surged, from 37.7% in 1960 to 58.9% in 1995.1 The combination of rising labor force participation rates for women and falling rates for men has resulted in a work force that is approaching equal representation of each gender. However, the picture at home indicates a far greater gender stratification of work than …

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Democracy, Kulturkampf, And The Apartheid Of The Closet, William N. Eskridge, Jr. Mar 1997

Democracy, Kulturkampf, And The Apartheid Of The Closet, William N. Eskridge, Jr.

Vanderbilt Law Review

In the generation after World War 2 (1945-69), homosexual intimacy was a serious crime in Colorado and other states, as was any kind of "lewdness" or homosexual solicitation; people suspected of being homosexual were routinely dismissed from federal, state, and private employment.' In the generation after Stonewall (1969-97), Colorado's legislature repealed the state's consensual sodomy law, and the governor by executive order prohibited state employment discrimination on the basis of sexual orientation. The cities of Aspen, Boulder, and Denver enacted ordinances prohibiting private sexual orientation discrimination in housing, employment, education, public accommodations, and health and welfare services. In 1992, the …

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Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow Jan 1997

Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow

Michigan Journal of Gender & Law

After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.

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Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan Jan 1997

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Michigan Journal of Gender & Law

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.

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Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel Jan 1997

Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel

Michigan Journal of Gender & Law

In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …

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United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer Jan 1997

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …

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Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer Jan 1997

Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer

Michigan Journal of Gender & Law

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.

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International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta Jan 1997

International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta

LLM Theses and Essays

The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …

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